When the majority says marijuana should not be a crime the law loses its legitimacy.
It is hard to imagine that Eric Holder's letter threatening to "vigorously enforce" federal law if California votes for legalization of marijuana is serious. It seems timed to manipulate voters in California, but in this year when political elites are hated it is likely to backfire and lead Californians to vote to end the failed marijuana war.
During one of the greatest failed experiments in American history, alcohol prohibition, a turning point was when New York told the federal government it would no longer enforce laws against alcohol. That left it to the federal government to enforce the law. Already "the feds," as they were derogatorily known, were hated in rural areas where alcohol was often produced and the feds came in and disrupted their commerce. Then, the biggest urban area refused to enforce the law. The result -- alcohol prohibition ended a few years later.
Attorney General Eric Holder last week promised, "We will vigorously enforce the [Controlled Substances Act] against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law." Does he mean that the federal government will start enforcing laws against possession of marijuana? Or, be looking in people's homes to see if they are growing or using marijuana? That they will be searching people's backyards for their marijuana victory garden?
It is hard to believe that in a nation where half the murders go unsolved that the Department of Justice would make marijuana a priority after the people voted for legalization. It is hard to believe that an attorney general who decided not to enforce laws against torturers and lawyers who enabled torture would instead prosecute people for marijuana offenses. This is the same attorney general who is doing nothing while the greatest democracy crime since Watergate is going on -- hundreds of millions in anonymous donations to nonprofit front groups who are trying to influence campaigns in violation of election and tax laws.
The police and the courts depend on the cooperation of communities to keep order. If a majority of Californians vote for legalization of adult use and cultivation of marijuana, what kind of legitimacy do the laws against marijuana have? Already, large numbers distrust law enforcement -- the feds will have no legitimacy if they are enforcing a law the majority opposes.
I realize that Holder has the responsibility of enforcing federal law. But, continuing on autopilot with aggressive marijuana law enforcement is a disservice, indeed an injustice. Passage of Prop. 19 is an opportunity to begin a national discussion of how to better control marijuana. Prohibition was a failure, the marijuana war has been expensive and damaging; there are better ways.
Proposition 19 is an opportunity for the lead law enforcement officer to help the country change direction to a more just and fair society. As long ago as 1972, a federal commission appointed by President Nixon, the National Commission on Marijuana and Drug Abuse, recommended decriminalization of marijuana. And, this was restated in 1982 by a commission of the National Academy of Science in their report "An Analysis of Marijuana Policy," which urged consideration of legalization. The experts have said throughout the time of the marijuana war that it was the wrong approach -- now the voters are showing they agree. This is an opportunity for leadership from the attorney general, leadership to a non-criminal approach to marijuana.
The U.S. criminal justice system is already seen by many as a system of injustice. Why? Because the United States, with 5 percent of the world's population, has 25 percent of the world's prisoners. One in 31 Americans is either behind bars, on probation or on parole, for African Americans it is one in 11 adults. This mass "criminal" population in "the land of the free" shows something is terribly wrong. What drives a system that results in seven million Americans behind bars, on probation or parole? No doubt, one of the driving forces is the war on drugs, and marijuana is the driving force of the drug war with a marijuana arrest every 38 seconds, 840,000 annually.
Hopefully, Attorney General Holder will rethink his plan to escalate federal enforcement if a majority votes for ending criminal laws against marijuana. He should instead lead the nation to laws that are consistent with the essence of justice, i.e. being righteous and fair. Is it righteous or fair to enforce laws that the majority says should no longer exist?
Attorney General Holder -- America needs real justice leadership. We need a leader who will help the country face up to its mass incarceration problem and its misuse of law enforcement to incarcerate people who grow a plant or smoke an herb. Mr. Attorney General you can do better than just saying -- we're going to ignore the people and keep arresting people for something they think should no longer be illegal.
Kevin Zeese is president of Common Sense for Drug Policy.
But, I suspect this latest declaration is nothing more than "bluster in the wind." How, in fact, would the Feds go about arresting the 400 thousand plus (or more) who use cannabis daily, not to mention the nearly 3.5 million Californians who indulged at least once in 2008 (latest stats available).
However, through those decades of struggle, the problem has gotten terribly and inhumanly worse, in two ways: one, as arrests and incarcerations spiraled upward — multiplying the pain of disproportionate incarceration — it became increasingly obvious that drug war was not a failure but a cruel and stupid farce, yet, also obvious that the US political system was too cowardly to attack the problem at its root. Two, the persistence of prohibition, as migrated from alcohol to "drugs," is rooted in intrenched forces of puritanical Christianity, economic self-interest and a bullet-proof corruption that worships the morality of failure.
As I've said for decades, the forces that will eventually restrain America's passion for drug prohibition are recession and ballot initiative. Fortunately, California has both. As long as it was convenient to pay for a troublesome idiocy, that horribly impacts people who have been subjected to the ugliest forms of stereotyping, it was difficult to martial forces to end it, even though the brutal consequences of prohibition have long been transparent. That's the best thing about drug-war — America can't afford it anymore. November fourth is an opportunity for California voters to speak. Eventually, this AG will listen. Joey
http://www.yout...ube.com/watch?v=jSxUgiobcT8
Another huge reason is Big Tobacco views the legalization of marijuana as a threat to their industry, with legal weed being huge competition to stocks and sales. I haven't fact checked this, but I was told in government class that before or right after marijuana was made illegal, Big Tobacco copyrighted/patented all the weed slang like reefer in case it ever was legalized again.
Which is a problem for legalization if an industry as large and rich as Big Tobacco is against the bill. With that kind of funding, there could be a threat to what we all know should have happened a long time ago. The legalization of one of the most harmless drugs today.
they're going after the wrong bush..
did you catch what joycelyn elders had to say on sunday?
(CNN) -- Former U.S. Surgeon General Joycelyn Elders told CNN Sunday she supports legalizing marijuana.
The trend-setting state of California is voting next month on a ballot initiative to legalize pot, also known as Proposition 19. The measure would legalize recreational use in the state, though federal officials have said they would continue to enforce drug laws in California if the initiative is approved.
"What I think is horrible about all of this, is that we criminalize young people. And we use so many of our excellent resources ... for things that aren't really causing any problems," said Elders. "It's not a toxic substance."
http://www.cnn.com/2010/HEALTH/10/18/former.surgeon.general.marijuana/index.html?hpt=T2
we could better use that dea budget..
their helicopters and front door battering rams on something else!